Some large companies see themselves as untouchable. Unfortunately, sometimes they are.
I'll relate a story here that happend with missus couple of years ago. She moved to a new job, from a mid size company to something similar. Gave her details etc to them and started after finishing her notice period with the previous company. Apparently neither she nor her boss were aware that the admin/HR hadn't even applied for visa transfer. I found this out accidentally, and I just couldn't believe how a company's HR/Admin that employs about 25% of staff non-local, didn't know about visa procedure.
I told her to go quickly to her boss and HR and push them to contact Immigration immediately, after lot of apologies from the company given to Immigration, it was resolved and she was given her visa.
But don't think company had to pay any fine there..
OP, in my opinion you are doing the right thing. Yes its difficult to push back when you are starting in a new job and you need the job more than they need you or so you believe.
But standing up to them in polite way is the way forward, it's better that they learn it in the beginning where you draw the line so that in future they'll think before asking you to do something unethical or stupid.
I have always done this, always told employer that I can't work illegaly and till my visa is approved I won't be joining.
It happens all over Hong Kong, I've heard of some really big international firms doing it. I've had people join us and them tell me oh you don't need to worry about that, I'll come and start right away. I just tell them flat out that we do not work like that with Immigration nor with any other compliance issues.
I've been on the receiving end of a subsidiary company failing to keep an employment visa valid and was lucky to have found a very, very kind immigration officer at the deportation facility who helped us out through his contacts at Immigration Tower.
It's not something to mess with at any time. I know some people will say we are over-reacting as most get away with it. But it's simply not worth the risk, nor would I ever flagrantly disregard the law of Hong Kong.
I'm sure they will get it sorted for you bibbju, I've found a call to the head of the unit when I had to rush something along, brought me immediate results (as the sponsor). I believe they appreciate us observing their rules and do go out of their way to assist.
OP, why don't you ask your new employer to email immigration to confirm all is fine and provide you with a copy of that email?
Our big international company has done this also before, VP position, no visa approved yet but already working in the office, his tourist visa is about to expire so he does a China trip to visit our China office for a few days and comes back and continues to work in the office
So what did your employer say OP? Ok with you telling them of your legal status? Or telling you to find another job?
Last edited by Watercooler; 20-02-2014 at 03:16 PM.
1. Bibbju wasn't sure that it was illegal. I'm also not sure that her employer knows the score. Most employers aren't au fait with immigration law. Unless you know her potential employer and know the particular people (or person) who deal with the visa applications, I'm not sure you're in a position to state that both parties knew the score.Original Post Deleted
2. This solution, in substitute for what she actually did do (which was to refer them to the possible punishments) in my opinion doesn't add any more fuel to the fire.
Actually, I think this would have been a smarter way to do it. Shows that she will work, but needs the assurance that it's legit.
Anyway, enough detraction. Bibbju, update us when you have a response!
Yikes! If this is the attitude some people take, I guess my new employer already thinks I'm a "stroppy madame". Oh well, start as I mean to go on. I'm nobody's bitch. Actually, last time I worked in consultancy I did actually say to one of our Global Heads "I'm not your bitch" when he asked me to do something that I thought was completely out of order. Maybe history is repeating itself! He took it pretty well but the two French guys I shared an office with were pretty shell-shocked. They spent the next few months giggling and saying "I'm not your beach" every time anyone asked for something.
If they don't like my refusal to work illegally, that's too bad. I have no intention of starting work until the visa label is in my hand.
Interesting though that it sounds like starting work illegally is a fairly common practice in HK.